Index

Media Room: Media Releases

Defence
MEDIA RELEASE

Defence comment on update by Director of Military
Prosecutions on February 12, 2009 incident

The
Director of Military Prosecutions has advised that a third ADF member has today
been served with charges in relation to an incident that occurred on 12
February 2009 in Afghanistan.

The
Director of Military Prosecutions is an independent prosecutorial authority for
the Australian Defence Force, who was appointed as a statutory office holder
under the Defence Force Discipline Act
1982.

On
27 September 2010, the Director of Military Prosecutions announced that she had
decided to charge three former members of the Special Operations Task Group with
services offences arising out of the compound clearance operation conducted on

12
February 2009.

Two
members were served with charges at that time, while a third member was
travelling overseas in a personal capacity and could not be served until he
returned to Australia.

On 26 November,
the third member was served with charges. This person has been charged with
manslaughter and, in the alternative, dangerous conduct with negligence as to
consequence, and a further charge of dangerous conduct with negligence as to
consequences.

The
Australian Defence Force is ensuring that all three members are provided with
the best possible support during the legal process.

Every
possible support measure including legal, administrative, medical,
psychological, chaplaincy and welfare assistance is being made available to
these soldiers and their families.

The
matters will be heard before one or more Service Tribunals which are not
expected to be convened before early 2011.

Defence will not engage in commentary about
the merits of the case to avoid prejudicing the legal process that is underway.